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Full-Text Articles in Law
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Michigan Law Review
The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …
Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler
Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler
Michigan Law Review
A common carrier engaged in interstate commerce applied to the Interstate Commerce Commission for a certificate of convenience and necessity as required by section 206 of the Federal Motor Carrier Act of 1935. The carrier relied on the proviso authorizing the commission to grant a certificate without a showing of public convenience and necessity where the applicant was a carrier in bona fide operation on June 1, 1935; the statute further privileged a carrier applying for a certificate under this proviso to continue operation pending determination of its application. The State Railroad Commission of Texas earlier in 1934 had denied …
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Michigan Law Review
The coal company shipped coal from its mines in Pennsylvania by means of its own private railway, river barges, and tugs to a point in Ohio where the coal was unloaded, washed, freed from impurities, and sorted into appropriate sizes. Thereafter it was delivered by the company to a common carrier in Ohio for transportation to points within the state to .fill orders often not received until after the coal left the mines. Held, the haul by the common carrier in Ohio is not subject to the jurisdiction of the Interstate Commerce Commission and is intrastate commerce which may …
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Michigan Law Review
The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Michigan Law Review
Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …
Carriers - Ferries - Liability For Automobile Lost In Transit
Carriers - Ferries - Liability For Automobile Lost In Transit
Michigan Law Review
The plaintiff purchased a ticket for passage on the defendant's ferry and drove his car aboard. During transit, and through no negligence on the part of the defendant, the boat ran upon a stone piling and sank. Held, that the defendant, although a common carrier, had not received and accepted the automobile, and therefore was not subject to insurer's liability. Mercer v. Christiana Ferry Co. (Del. 1930) 155 Atl. 596.
The Radio And Interstate Commerce
The Radio And Interstate Commerce
Michigan Law Review
As each newly discovered scientific principle is taken advantage of in the practical world, new legal problems arise around it. One way or another it is eventually taken care of by the expansion of the legal system to embrace the new situation. The discovery of radio transmission is an example made striking by the extraordinary speed with which it has become a part of the people's daily life and the conflicts of interest that are peculiar to it. The law found itself relieved of many of the embarrassments in dealing with the problem by the fact that Congress early undertook …
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Michigan Law Review
A recent case decided by the Supreme Court of the United States suggests the query-ls there a federal statute of limitations for bringing suit for injury to goods in an interstate shipment? The answer depends on the interpretation of the Cummins Amendment of March 4, 1915 and the Transportation Act of 1920. The relevant and germane provision of these acts as to the time limit for commencing suit for injury to goods on an interstate carriage is "That it shall be unlawful for any such common carrier to provide by rule, contract, or regulation a shorter period for giving notice …
Reasonable Rates, Henry Hull
Reasonable Rates, Henry Hull
Michigan Law Review
The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Michigan Law Review
The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
Michigan Law Review
The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
Michigan Law Review
In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …